Appeals court upheld the dismissal of a
suit brought by spectators of a Mike Tyson boxing fight in which Tyson was
disqualified for biting his opponent's ear. The viewers were not in privity
with Tyson or the fight promoters, so had no cause of action. Disqualification
is a possible outcome of any fight.

Topic

Contracts

Key Words

Privity; Breach; Fraud; Warranties; Unjust Enrichment

C A S E
S U M M A R Y

Facts

Viewers who paid to watch the telecast of the Mike Tyson-Evander
Holyfield boxing championship fight sued Tyson, the fight promoters, and
the fight telecasters for a refund of their money because Tyson was disqualified
for biting part Holyfield's ear off. The viewers contended that they were
entitled to view a "legitimate heavyweight title fight" that was fought
"in accordance with the applicable rules and regulations" of the boxing
commission. They claimed breach of contract, breach of implied covenant
of good faith and fair dealing, unjust enrichment, breach of express and
implied warranties, fraud, and other counts. The trial court dismissed the
suit. Viewers appealed.

Decision

Affirmed. "Plaintiffs are not in contractual privity with
any of the defendants, and their claims that they are third-party beneficiaries
of one or more of the contracts that defendants entered into among themselves
was aptly rejected by [the lower court] as 'contrived.' Nothing in these
contracts can be understood as promising a fight that did not end in a disqualification.
The rules of the governing commission provide for disqualification, and
it is a possibility that a fight fan can reasonably expect." The plaintiffs
paid for what they got: "the right to view whatever event transpired."